The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-04-28
EXECUTIVE MANSION,
WASHINGTON, April 25, 1887.

WASdIc0IONI AHIAA 70, 1Oc'-)
Dear Sri have examined with much
care and interest the questions involved
in the conhiction of the claims of Gull
ford Z. Miller and the Northern Pacific
Railroad Company to certain public
land in Washington Territory.
The legal aspects of the case
have been examined and passed upon
by several officers of the government,
who do not agree in their conclusions.
Miller claims to be settler upon the
iandin question, whose possession dates
from 1878. He alleges that he has made
substantial improvements upon this
land and cultivated the same, and it
appears that he filed his claim 10 the
same, under the homestead law, on the
Goth day of December, 1884. The rail-
road company contends that this land
is within the territory or area from
which it was entitled to the
sale OF such a quantity of public
land as might be necessary to supply
auv deficiency that should be found to
b exist in the occupied land mentioned in
the grant by the government to the said
company in aid of the construction of
the road, such deficiency being con-
templatsd as likely 20 arise from the
paramount right of private parties and
S6LIl6IS hlGu!u Gllo 1c1IAIOI1 Cn1UIdC1uB
said granted lands, and that the land in
dispute was thus selected by the con-
pany on the 10Th day of December,
1893. a large trace including
this land, was Withdrawn by
order of The Interior Department,
from sale, and from presumption and
homestead entry in 1872. in anticipa-
ton of the construction of said railroad,
and the deficiency IN Its granted lands.
IN 1880, upon filing a map OF the defin-
lite location of the road, the land in
controversy and much more which had
been so withdrawn, was found to lie
outside the limits, which included
granted land, and its withdrawal and
reservation from settlement and entry
under our land laws was continued
upon the theory that it was within the
limits of indemnity lands which might
be settled by the company, as pro-
vded in the law making the gram.
The legal points in this controversy
turned upon the validity and effect of
the vi hdrawal of reservation of this
land, and the continuance thereof. The
Attorney General is of the opinion that
such Withdrawals of reservation were at
all times etfectual, and that they oper-
sted to prevent Miller from acquiring
AubCIcSb VI 4lShl w bAC iohO
acquired by him. With this interpreta-
tion of the law, and former orders and
action of the Interior Department, it
Will be seen that the effect has been
The withdrawal and reservation,
since 1872, of thousands If not million
acres of these lands from the operation
OF the land laws of the United States,
thus placing them beyond the reach Of
PuE cltizens desiring, under such laws,
10 settle and make homes upon the
same, and that this has been done for
the benefit Of the railroad company,
having no fixed, certain or definite in
tsrestS IN such lands. In this manner
the beneficial policy and intention of
the government in relation to the pub
lie domain have for all these years
to that extent been thwarted.
There seems to be no evidence pre-
sented showing how much, if any, of
this tract is necessary forthe fulfillment
OF the grant TO the railroad company;
nor does there appear to be any limita
ton OF the time within which this fact
should be made known, and the corpo- !
ration Is obliged to make it's selection |
alter lapse of ten years. This large
body OF public domain is still held in re-
serve, to the exclusion of settlers, for |
the convenience of corporation benefi |
ciaEes of tie government, and wait
Ing its sele', ton, though it is en-
,tlrely certain that much reserve
land can never be honestly claimed BY |
the said corporation. such a condition |
OF the public lands should no longer
continue. So far as it is the result of |
executive rules and methods, these
ahould be abandoned; and so far as it is |
the Consequence OF improvldent laws.
these should be repeal.d or amended;
our public domain is national wealth,
the earnest of our growth and the |
heritage of orr people. 1t should
promise imiuess development and
riches. relief to the crowding populs-
ION and homes to thrift and Industry.
Inese lnestlmable advantages should be
zealously guarded and a careful and
enlightened policy on the part of the
government should secure Them to the
people.